H.R. 202 H.R. 202: To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes.

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Rep. Tom McClintock [R, CA]Introduced on Jan 4, 2013

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Summary

1/4/2013--Introduced.Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works...Read More

Status

This bill was introduced on Jan 4, 2013, in a previous session of Congress, but was not passed.

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Bill Text

A BILL

To amend the Federal Water Pollution Control Act to limit citizens
suits against publicly owned treatment works, to provide for defenses,
to extend the period of a permit, to limit attorneys fees, and for
other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. LIMITATION ON CITIZEN SUIT PROVISION.

Section 505 of the Federal Water Pollution Control Act (33 U.S.C.
1365) is amended--
(1) in subsection (a) by striking ``subsection (b)'' and
inserting ``subsections (b) and (i)''; and
(2) by adding at the end the following:
``(i) Limitation for POTW Suits.--
``(1) In general.--No action may be commenced under
subsection (a)(1) by a citizen with respect to a publicly owned
treatment works to enforce an effluent standard or limitation
under this Act or an order issued by the Administrator or a
State with respect to such a standard or limitation unless the
publicly owned treatment works is in significant non-
compliance, as defined in the Environmental Protection Agency's
December 12, 1996, guidance document entitled `A General Design
for SNC Redefinition Enhancement in PCS'.
``(2) Exception.--Notwithstanding paragraph (1), no action
may be commenced under subsection (a)(1) with respect to a
publicly owned treatment works that is in significant non-
compliance based on a manual designation, as defined in the
Environmental Protection Agency's December 12, 1996, guidance
document entitled `A General Design for SNC Redefinition
Enhancement in PCS'.''.

Sentiment Map

Nation

State: CA

District: 1st

Popularity Trend

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No constiutents supporting yet.

Users Opposing

I oppose H.R. 202 ("To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned") because public utilities should not have advantage in legal matters with citizens. The federal government should provide a level playing field for all contract and court cases not slanted against the citizen.

I oppose H.R. 202 ("To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned") because... the group is out of control forcing regulations on areas that are not benefitual to the population and very costly and this is the only means of defence for the people.

Bill Summary

1/4/2013--Introduced.Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works (POTW): (1) to enforce an effluent standard or limitation unless the POTW is in significant non-compliance as defined in the Environmental Protection Agency's (EPA's) guidance document entitled "A General Design for SNC Redefinition Enhancement in PCS," or (2) that is in significant non-compliance based on a manual designation as defined by such guidance document. Prohibits liability for an unlawful discharge of a pollutant from a POTW for a person who can establish by a preponderance of the evidence that the immediate cause of such discharge and any damages was: (1) an act of God; (2) an act of war; or (3) an act or omission of a third party other than an employee or agent of such person or one whose act or omission occurs in connection with a contractual relationship with such person, if such person exercised due care and took precautions against foreseeable acts or omissions of such third party and the consequences that could foreseeably result from such acts or omissions. Requires the Administrator of EPA or a state to provide a 60-day waiting period between the notice of a violation of such Act by a POTW and the issuance of a civil penalty. Prohibits the Administrator from assessing a penalty for a violation if the POTW submits a viable plan for correcting the non-compliance within such period and thereafter implements such plan. Requires any permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to have a 15-year (currently five-year) term. Limits attorney fees with respect to actions involving POTWs to the prevailing fees in the community. Requires any new or increased treatment requirement associated with a permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to be subject to a cost-benefit analysis.